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Things appellate attorneys could teach family law attorneys about trying cases

I’ve been lucky to stay busy during the COVID-19 pandemic and one reason I’ve been able to stay busy is a significant appellate practice. Thus, since mid-March, I have been working on four initial briefs of appellant, two from my own trials and two from other attorneys’ trials. I see three obvious lessens from pouring […]

Why teenagers lie to parents in high-conflict custody cases

In a number of my high-conflict custody cases, clients will complain about their teenagers suddenly being secretive, evasive, and, sometimes, downright dishonest about what they are doing when in the other parent’s care. These clients often conclude that the teenager is doing this because the other parent is encouraging them to. They sometimes conclude that […]

Have your family law blog on my blogroll

In the next month or two I will be refreshing my website’s layout for the first time since 2009. Anyone with a family law blog who wants to go on my blogroll (and who is willing to provide a link to my blog on their website) should email me.

Demand formal requests before allowing a home inspection in marital dissolution cases

A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason for this is we often informally allow such inspections. There’s a good reason to require more formality. Rule 34(a), SCRCP, allows a party to request an inspection “to permit entry […]

Closely divided Supreme Court approves marketability and lack of control discount to family-owed business

In a May 13, 2020 opinion in Clark v. Clark, a closely divided South Carolina Supreme Court approves both a marketability and lack of control discount to a business in which Husband ultimately owned a 100% interest. While the majority holds that such discounts are to be applied on a “case-by-case basis,” it is hard […]

Supreme Court holds Rule 60(a), SCRCP, motion is proper procedure to correct potential scrivener’s error in court-approved equitable distribution agreement

The May 13, 2020, Supreme Court opinion in Landry v. Landry addresses the proper procedure to correct a potential scrivener’s error in a court-approved equitable distribution agreement, In Landry, on the morning of their contested divorce trial, the parties reached an agreement resolving all issues but the divorce (which, under South Carolina law, cannot be […]

Unmarried fathers: invest in an attorney to protect your relationship with your child

Contemporary culture appears to have lost its understanding of the historic linkage between marriage and paternity. In the time before genetic-based paternity testing (basically before the mid-1990’s) there was no way to be certain who the biological father of any particular child was. Marriage, and the presumption that a child born of a marriage was […]

I’m a Super Lawyer

Whether it took 26 years of practicing family law for me to become super or 26 years for Super Lawyers to recognize this, I am finally recognized as a Top Rated Family Law Attorney in Charleston, SC. I not sure who to thank but consider me thankful.

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